1.1Senator Boldon moved to amend
S.F. No. 3295 as follows (...):
1.2Page 140, after line 23, insert:
1.3 "Sec. 4. Minnesota Statutes 2024, section 256B.055, subdivision 17, is amended to read:
1.4 Subd. 17.
Adults who were in foster care at the age of 18, 19, or 20. (a) Medical
1.5assistance may be paid for a person under 26 years of age who was in foster care under
the
1.6commissioner's responsibility on the date of attaining 18, 19, or 20 years of age
or receiving
1.7foster care benefits past 18 years of age under section 260C.451, and who was enrolled in
1.8medical assistance under the state plan or a waiver of the plan while in foster care,
in
1.9accordance with section 2004 of the Affordable Care Act.
1.10(b) Medical assistance may be paid for a person under 26 years of age who was in foster
1.11care and enrolled in any state's Medicaid program as provided by Public Law 115-271,
1.12section 1002.
1.13(c) The commissioner
shall must seek federal waiver approval under United States Code,
1.14title 42, section 1315, to include youth who were in a state's foster care program
and who
1.15turned age 18 prior to January 1, 2023, without regard to potential eligibility under
a Medicaid
1.16mandatory group."
1.17Page 143, after line 16, insert:
1.18 "Sec. 9. Minnesota Statutes 2024, section 260C.451, subdivision 2, is amended to read:
1.19 Subd. 2.
Independent living plan. Upon the request of (a) For any child in foster care
1.20who is 14 years of age or older, the responsible social services agency must, in conjunction
1.21with the child and other appropriate parties, develop and update the child's independent
1.22living plan required under section 260C.212, subdivision 1, paragraph (c), clause
(12).
1.23 (b) For any child in foster care immediately prior to the child's 18th birthday
and who
1.24is in foster care at the time of the request, the responsible social services agency
shall must,
1.25in conjunction with the child and other appropriate parties, update the
child's independent
1.26living plan required under section
260C.212, subdivision 1, paragraph (c), clause (12),
1.27related to the child's employment, vocational, educational, social, or maturational
needs
and
1.28submit it to the court as part of the required review under section 260C.202, subdivision
3.
1.29The agency
shall must provide continued services and foster care for the child including
1.30those services that are necessary to implement the independent living plan.
2.1 Sec. 10. Minnesota Statutes 2024, section 260C.451, subdivision 3, is amended to read:
2.2 Subd. 3.
Eligibility to continue in foster care. A child in foster care immediately prior
2.3to the child's 18th birthday may continue in foster care past age 18 unless:
2.4(1) the child can safely return home;
or
2.5(2)
the child is in placement pursuant to the agency's duties under section
256B.092 and
2.6Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to a
2.7developmental disability or related condition, and the child will be served as an
adult under
2.8section
256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
2.9(3) the child can be adopted or have permanent legal and physical custody transferred
2.10to a relative prior to the child's 18th birthday.
2.11 Sec. 11. Minnesota Statutes 2024, section 260C.451, subdivision 3a, is amended to read:
2.12 Subd. 3a.
Eligibility criteria. The child must meet at least one of the following conditions
2.13to be considered eligible to continue in or return to foster care and remain there
to age 21.
2.14The child must be:
2.15 (1) completing secondary education or a program leading to an equivalent credential
,
2.16including transition programs through a public or private school;
2.17 (2) enrolled in an institution that provides postsecondary or vocational education;
2.18 (3) participating in a program or activity designed to promote or remove barriers
to
2.19employment;
2.20 (4) employed for at least 80 hours per month
, including receiving benefits under chapter
2.21268B; or
2.22 (5) incapable of doing any of the activities described in clauses (1) to (4) due to
a medical
2.23condition.
2.24 Sec. 12. Minnesota Statutes 2025 Supplement, section 260C.451, subdivision 8, is amended
2.25to read:
2.26 Subd. 8.
Notice of termination of foster care. When a child in foster care between the
2.27ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a,
the
2.28responsible social services agency
shall must give the child written notice that foster care
2.29will terminate 30 days from the date the notice is sent.
The agency must send a copy of the
2.30written notice to the commissioner of children, youth, and families. The child or the child's
2.31guardian ad litem may file a motion asking the court to review the agency's determination
3.1within 15 days of receiving the notice. The child
shall must not be discharged from foster
3.2care until the motion is heard. The agency
shall work must engage with the child to
develop
3.3a transition
out of foster care plan as required under
section 260C.452, subdivision 4,
3.4paragraph (d), that addresses the goals listed in section
260C.203, subdivision 4, clause (2).
3.5The written notice of termination of benefits
shall must be on a form prescribed by the
3.6commissioner and
shall must also give notice of the right to have the agency's determination
3.7reviewed by the court in the proceeding where the court conducts the reviews required
under
3.8section
260C.203,
260C.317, or
260C.515, subdivision 5 or 6. A copy of the termination
3.9notice
shall must be sent to the child and the child's attorney, if any, the foster care provider,
3.10the child's guardian ad litem,
the commissioner of children, youth, and families, and the
3.11court. The agency is not responsible for paying foster care benefits for any period
of time
3.12after the child actually leaves foster care."
3.13Renumber the sections in sequence and correct the internal references
3.14Amend the title accordingly
3.15The motion prevailed. #did not prevail. So the amendment was #not adopted.